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June 9 - 13, 2008
Latest Florida Appellate News
The Governor will soon have the opportunity to appoint four justices to the Florida Supreme Court. Read about it
here
.
Latest CF Appellate News
John Blue
was an instrumental member of the Carlton Fields team that obtained compensation for Alan Crotzer, a 45 year old man who served 24 years, 6 months, and 13 days of a 130-year sentence for a crime that he did not commit. On April 10, 2008,
Governor Crist signed the claims bill
which compensates Mr. Crotzer in the amount of $1.25 million, the equivalent of $50,000 for each year he was wrongfully incarcerated, and waives community college tuition on his behalf up to 120 hours.
Sylvia Walbolt's
longstanding commitment to pro bono work is featured in an article entitled
"Low Bono: Are Florida attorneys paying less attention to the poor?"
in the May 2008 issue of Florida Trend magazine.
Florida Supreme Court
- Tallahassee
Fla Bar v. Dove
- bar member discipline
Rivera v. State
- newly discovered evidence;
Brady
and
Giglio
violations
Auto-Owners Ins v. Pozzi Window C
- revised opinion; insurance coverage
First District Court of Appeal
- Tallahassee
Hines v. State
- conviction; acquittal in subsequent, related proceeding
Collier v. State
- child victim; recanted pretrial statements
Bohannon v. Shands Teaching Hospital & Clinics
- vulnerable adult statute
Jump v. State
- post-Miranda statements
Second District Court of Appeal
- Lakeland
M.D.S. v. State
- proof of theft; revocation of juvenile probation
McCants v. McCants
- equitable distribution; imputation of income; alimony; attorney's fees
Nunes v. State
- motion to suppress statements
Grant v. State
- correction of sentencing scrivenor's error
Duffey v. State
- summary denial of postconviction motion
Depart. of Highway Safety & Motor Vehicles v. Falcone
- admission of breath test results at license revocation hearing
Aills v. Boemi
- medical negligence; new trial; improper closing arguments; directed verdict on liability
B.A. v. Dept. of Children & Family Services
- dependency adjudication
Luna-Martinez v. State
- consent to search
Third District Court of Appeal
- Miami
Kia Motors v. Butler
- abuse of discretion in certifying class
Guevara v. State
- jurisdiction to sentence for probation violation; no technical violation found
State v. Bastos & Vald
- certified questions: 1) Uniform Law authorizes document request; 2) intoxilyzer source code not "material"
State v. Roman
- reversing suppression of juvenile's statements; written
Miranda
warnings and waiver; parent consent
Braggs v. State
- denial of peremptory strike supported by neutral reason; new trial
Cessna Aircraft v. Avior Technologies
- economic loss rule; breach of service contract
Diaz v. Andy
- nonbinding arbitration; award of costs and fees
Del Sol v. Office Of P.D.
- motion to compel public defender to produce copies of records
Kerzner v. Raines
- abuse of discretion; forum non conveniens
Reid v. Judea
- petition to reform trust; standing
State v. Vega
- motion to vacate plea; evidentiary hearing required
Ocean Two v. Liger
- premature condo lien foreclosure; refusal of partial payment
Solorzano v. FUAC
- unemployment benefit denial; resignation
Martin v. Adorno & Yoss
- breach of fiduciary duty; summary judgment standard
Render v. State
- claim of illegal sentencing
Merrill Lynch v. Valat
- writ of garnishment; motion for relief from default judgment
All Seasons v. Busca
- summary judgment; material fact question
McKay v. State
- reversing order treating defendant's letter as postconviction motion
Bailem v. State
- appeal of request to transport moot
Richardson v. State
- jurisdiction; untimely notice of appeal
DCFS v. ML & Guardian Ad Litem
- amended case plan; reinstatement of dependency proceedings; due process
Fourth District Court of Appeal
- West Palm Beach
Thomas v. State
- forcible felony
Rosecan v. Springer
- dissolution of marriage; evaluation of assets
Frizzle v. State
- inflammatory evidence
Washington v. State
- admission of evidence of prior false report
Ries v. Ries
- default in dissolution proceeding
Linstroth v. Dorgan
- modification of alimony
Soto v. State
- statute of limitations
Imperial Majesty Cruise Line v. Weitnauer Duty Free
- punitive damages; nominal damages
Levin v. Levin
- evidence supporting representation
D&T Properties v. Marina Grande Associates
- cancellation of purchase agreement
Long Beach Mortgage Corporation v. Bebble
- foreclosure sale
Tidwell v. Tidwell
- custody; full faith and credit
State v. Matul
- suppression of evidence
State v. Martin
- exclusion of state witness
Fifth District Court of Appeal
- Daytona Beach
Reeves v. State
- competency and self-representation
Luciano v. State
- double jeopardy; certified conflict
State v. Fischer
- search and seizure; open view
Chetram v. Singh
- child support; adopting counsel’s proposed orders
Makar v. Gowni
- scope of settlement
Linden v. State
- plea agreement
Carpenter v. State
- violation of probation
Orange County v. Expedia
- declaratory judgment; applicability of tax
Aspsoft v. Webclay
- personal jurisdiction; statute of frauds
Seminole Electric v. Dept. of Environmental Protection
- siting of power plant
DR v. State
- double jeopardy
Livingston v. State
- search and seizure; flight
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